amparo) against the decision of the university’s Professors’ Association. Said remedy was
addressed on time and by law and Mr. Álvarez was able to participate in the professional
association’s elections. The Court considers that by that time the sentence imposed for his
criminal conviction on February 28, 2005, had already concluded, and therefore the penalty
of political disqualification was no longer applicable. Moreover, the ruling by the Constitutional
Chamber that revoked the amparo granted by the Electoral Chamber does not contain
considerations concerning Mr. Álvarez’s eligibility, so that it had no effect on his substantive
right.
191. Having regard to the previous considerations, the Court considers that in this case
there was no violation of the right to judicial protection, pursuant to Article 25(1) of the
American Convention on Human Rights.
IX
REPARATIONS
(Application of Article 63(1) of the American Convention)
192. Based on the provisions of Article 63(1) of the American Convention, the Court has
indicated that any violation of an international obligation that has produced harm entails the
obligation to make adequate reparation and that this provision reflects a customary norm182
that constitutes one of the fundamental principles of contemporary law on State
responsibility.183
193. Reparation of the harm caused by the violation of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists of the reestablishment of the previous situation.184 If this is not feasible, as in most cases of human
rights violations, the Court will determine measures to guarantee the rights that have been
violated and to redress the consequences of the violations.185 The Court has considered the
need to grant different measures of reparation to fully redress the damages. Therefore, in
addition to pecuniary compensation, the measures of restitution, rehabilitation, satisfaction
and guarantees of non-repetition are of special importance.186
194. This Court has established that reparations must have a causal nexus with the facts of
the case, the violations declared, the damages proven, and the measures requested to repair
the resulting harm. Therefore, the Court will observe such coincidence in order to rule
appropriately and according to law.187
195. Taking into account the violations declared in the preceding chapter, this Court will
now examine the claims presented by the Commission and the representatives, together with
the arguments of the State, in light of the criteria established in the Court’s case law in relation
to the nature and scope of the obligation to make reparation, in order to establish measures
Cf. Draft Articles on Responsibility of States for Internationally Wrongful Acts, adopted by the United Nations
International Law Commission during its 53rd Session (A/56/10) and annexed by the United Nations General
Assembly in Resolution N° 56/83, of December 12, 2001.
183
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989, Series C, No. 7,
para. 25; and Case of the Dismissed Workers of PetroPeru et al. v. Peru. Preliminary objections, merits, reparations
and costs. Judgment of November 23, 2017, Series C, No. 344, para. 194.
184
Cf. Case of Velásquez Rodríguez v. Honduras, para. 26; and Case of Muelle Flores v. Peru, para. 221.
185
Cf. Case of Fontevecchia and D’Amico v. Argentina, para. 98; and Case of the Dismissed Workers of PetroPeru et
al. v. Peru, para. 195.
186
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001, Series C, No. 88,
paras. 79 to 81; and Case of Muelle Flores v. Peru, para. 221.
187
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008, Series
C, No. 191, para. 110; and Case of Lagos del Campo v. Peru, para. 193.
182
38